San Mateo, California

Wage Theft Lawyer in San Mateo

California wage theft representation for San Mateo workers. Free, confidential consultation. We represent employees only, never employers.

San Mateo wage theft cases are pursued under California's broad employment-protection framework, including FEHA (Government Code section 12940), Title VII, and Labor Code sections 1102.5/6310. Strict filing deadlines apply: CRD 3 years; EEOC 300 days. We represent employees only, never employers. Free confidential consultation.

What Are Wage and Hour Claims in San Mateo

San Mateo workers are entitled to the highest of: federal minimum wage ($7.25/hour), California state minimum wage ($16.90/hour effective January 1, 2026 under California Labor Code section 1182.12), or any applicable local minimum wage. San Mateo has its own local minimum-wage ordinance. The San Mateo minimum wage is $18.60/hour effective January 1, 2026 for all employees. Fast-food workers at chains with 60 or more national locations earn at least $20.00/hour under AB 1228 (California Labor Code section 1474) since April 1, 2024. Healthcare workers at covered facilities earn tiered rates under SB 525 (California Labor Code sections 1182.14, 1182.15, 1182.16) reaching $25/hour at large hospital systems on July 1, 2026.

San Mateo Industries Where Wage and Hour Violations Are Most Common

  • Healthcare workers - at the Sutter Health Mills-Peninsula Medical Center - San Mateo Campus (100 South San Mateo Drive, San Mateo, CA 94401, (650) 696-5400) and the larger Mills-Peninsula Burlingame Campus (1501 Trousdale Drive - 241-bed not-for-profit general medical and surgical hospital), plus the San Mateo Medical Center (San Mateo County's primary safety-net public hospital, operated by the County of San Mateo Health System). Covered by SB 525 healthcare worker minimum-wage schedule (Cal. Labor Code sections 1182.14, 1182.15, 1182.16) and California Health and Safety Code section 1278.5 ($25,000-per-violation civil penalty for patient-safety retaliation). San Mateo Medical Center employees, as county employees, are subject to the 6-month Government Claims Act deadline.
  • Financial services and professional services workers - at the many financial-services and professional-services firms across downtown San Mateo. Public-company employees are protected by Sarbanes-Oxley (18 U.S.C. section 1514A) for accounting/securities fraud whistleblower claims and Dodd-Frank section 922 (15 U.S.C. section 78u-6). Banking-sector workers have additional 12 U.S.C. section 1831j whistleblower protection.
  • K-12 and higher education workers - at the San Mateo Union High School District / SMUHSD (9-12 in San Mateo, Burlingame, Hillsborough, and surrounding cities), the San Mateo-Foster City Elementary School District / SMFCSD (K-8), and the College of San Mateo (1700 W. Hillsdale Boulevard - part of the San Mateo County Community College District). Protected by Skelly v. State Personnel Board (1975) 15 Cal.3d 194 due-process rights, California Whistleblower Protection Act (Cal. Gov. Code section 8547), and the 6-month Government Claims Act deadline.
  • Retail, restaurant, and hospitality workers - at the Hillsdale Shopping Center, B Street, 25th Avenue, and El Camino Real retail centers, plus hospitality and event-staff jobs at the San Mateo County Event Center (1346 Saratoga Drive - hosts the San Mateo County Fair and numerous trade shows). San Mateo workers covered by the San Mateo Minimum Wage Ordinance earn $18.60/hour effective January 1, 2026. Fast-food workers at chains with 60+ national locations earn the $20.00/hour AB 1228 floor (Cal. Labor Code section 1474).
  • Government and public-sector workers - at the City of San Mateo (330 W. 20th Avenue), the San Mateo Police Department (SMPD officers subject to POBR / Cal. Gov. Code section 3300 et seq.), and the San Mateo Central Branch Courthouse (800 North Humboldt Street, (650) 261-5100). Subject to the 6-month Government Claims Act deadline.

San Mateo Local Protections

San Mateo has its own local minimum-wage ordinance. The San Mateo minimum wage is $18.60/hour effective January 1, 2026 for all employees - higher than the California state floor of $16.90/hour and higher than unincorporated San Mateo County's $17.95/hour minimum. San Mateo workers also rely on California state law including SB 525 (healthcare-worker tiered schedule - directly relevant to Mills-Peninsula and San Mateo Medical Center workers) and AB 1228 ($20/hour fast-food).

California Paid Sick Leave (Labor Code sections 245-249) requires at least 40 hours (5 days) of paid sick leave per year, effective January 1, 2024. The 2026 exempt-salary floor is $70,304/year (twice the state minimum wage, per DIR News 2025-118).

California Law

For the full California wage-and-hour framework, including overtime (Labor Code section 510), meal and rest breaks (sections 512 and 226.7), wage statements (section 226), waiting-time penalties (section 203), expense reimbursement (section 2802), and PAGA (sections 2698 et seq.), see our California employment law page.

What Compensation Can You Recover

Unpaid wages, overtime, missed meal/rest premiums (one hour of pay per missed break), wage-statement penalties (up to $4,000 per employee under Labor Code section 226(e)), waiting-time penalties (up to 30 days of pay under Labor Code section 203), interest, liquidated damages on minimum-wage shortfalls, and attorneys' fees and costs (Labor Code section 1194). For details, see our California employment law page.

How to File a Wage Claim in San Mateo

Wage claims can be filed with the California Labor Commissioner (DLSE San Francisco Office, 455 Golden Gate Avenue, 9th Floor, Suite 9628, San Francisco, CA 94102, (415) 703-5300). Civil suits are heard at the San Mateo County Superior Court, Southern Branch Hall of Justice and Records, 400 County Center, Redwood City, CA 94063. Call us at 1-800-371-3088 before any deadline.

Frequently Asked Questions

What is California's overtime rule for San Mateo workers? +
Labor Code section 510 requires 1.5× the regular rate for hours over 8 in a day or 40 in a week, and for hours over 12 in a day or for the 7th consecutive workday. Some industries (agriculture under AB 1066, healthcare alternative workweek) have modified rules.
Can a San Mateo employer require the worker to work off the clock? +
No. All hours worked must be paid. Off-the-clock work, pre-shift duties (donning/doffing required gear), post-shift duties (locking up, reports), and required training all count as hours worked. Hamilton v. Vail Corporation $13.1M California settlement covered exactly these claims.
What if a San Mateo employer didn't pay the worker's final paycheck on time? +
Labor Code sections 201 to 203 require involuntary-discharge pay immediately and voluntary-quit pay within 72 hours (or immediately if 72-hour notice given). Late payment triggers waiting-time penalties up to 30 days of wages under section 203.
Are tips legally protected in San Mateo? +
Labor Code section 351 bans employers, managers, and supervisors from taking any portion of tips. Tip-pooling among employees who provide direct table service to the same customer is permitted, but management cannot share.

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Legal Disclaimer: This page is provided for general informational purposes only and does not constitute legal advice. Employment law is complex and fact-specific. The information on this page reflects California law as of 2026 and may change. If you believe your rights have been violated, please consult a licensed California employment attorney to evaluate your specific situation.